logo
Login Subscribe
Google Play App Store
  • news
  • sports
  • lifestyle
  • commentary
  • obituaries
  • Calendar
  • Contact
    • Contact Us
    • Form Submission / Advertise
    • advertisers pay now
    • news
    • sports
    • lifestyle
    • commentary
    • obituaries
    • Calendar
    • Contact
      • Contact Us
      • Form Submission / Advertise
      • advertisers pay now
news
July 5, 2023
Kirby convicted in criminal case; still faces civil suit
By JERRY FINK MANAGING EDITOR,

Former Eufaula city councilman Dan Kirby, 65, may have been found guilty last week of involuntary manslaughter by a federal jury in Muskogee, but his legal woes do not end there.

He still faces a civil lawsuit in connection with the death of Sheryl Bischel, 56, killed in a motorcycle accident on July 23, 2022.

The suit was filed on Nov. 21, 2022 by Ricky L. Gragg of Wilburton, son of Bischel and administrator of her estate.

The last activity in the civil case, in which the plaintiff seeks in excess of $75,000, took place on Jan. 5 when the case was assigned to District Judge Mike Hogan in McIntosh County District Court.

Stephanie Winesburg, Bischel’s daughter, said the family was waiting for the criminal case to be settled before continuing with the civil case.

Thursday, the day after Kirby’s conviction, Winesburg said the civil case will proceed.

So far, there is nothing scheduled.

Winesburg and other family members and friends attended the trial in Muskogee.

“We were there when he was found guilty, but he wasn’t arrested then. It felt good to know that there was a punishment for his actions. My mom has some justice. It took only 4-5 hours for them (the jury) to come out with the verdict,” she said.

Among those who attended were Winesburg, Bischel’s oldest daughter; Bischel’s mother, Sheyla Poulin and Sheyla’s husband Richard; Bischel’s aunt and uncle June and Bill Cecil; and friends Christine Riley, Fonda Robinson and Suzy Miskovsky.

“My mom paid the horrible price for trusting Dan to safely take her home. He needs to be held accountable for his actions. No one is above the law,” Winesburg said.

“There are no winners here. We will never have our mom back. She paid the price with her life. Dan should be held accountable for his actions. He won’t have to pay with his life. He will be out of prison and be able to grow old with his children. We don’t get that option.

“We felt a little bit of relief that he was held accountable and will hopefully learn from this and never make the same choice again. But it doesn’t bring her back.”

According to the Oklahoma Highway Patrol, Kirby was driving a 2003 Harley Davidson on which Bischel was a passenger when the accident occurred shortly before 10 p.m. five miles north of Eufaula on S.H. 150 in Fountainhead State Park.

“(The vehicle) was making a left turn at a T intersection (and) drove wide right, departing the roadway,” the OHP report said.

Bischel, who was not wearing a helmet, was thrown from the motorcycle and died the following day at St. Francis Hospital in Tulsa.

Kirby, who was wearing a helmet, was not injured.

According to testimony in the criminal trial Kirby’s blood alcohol content was 0.028 that night, below the legal limit of 0.08.

The OSBI toxicology analysis also found a combination of other chemicals in his system, including unspecified amounts of amphetamine, marijuana, tramadol, oxycodone and a pair of anti-depressants — citalopram and trazodone.

Hayden and Dan Jeffries win Crappie Masters National Championship
sports
Hayden and Dan Jeffries win Crappie Masters National Championship
September 27, 2023
The National Championship on Lake Eufaula in Eufaula, Oklahoma has come to an end! After three days of competition, $125,000.00 was awarded in cash and prizes! Taking home the third-place trophy and $...
this is a test
The Eufaula Lady Ironheads win Regional Championship
sports
The Eufaula Lady Ironheads win Regional Championship
By Rodney Haltom sports EDITOR 
September 27, 2023
The Eufaula Lady Ironheads (21-9) outlasted Chandler in a dramatic finish 2-1 Thursday at Chris Gawf Field in Eufaula. Eufaula and Chandler battled throughout the championship game with great pitching...
this is a test
Checotah tops IVI u Id row 7-6 in Homecoming game
sports
Checotah tops IVI u Id row 7-6 in Homecoming game
By Rodney Haltom sports EDITOR 
September 27, 2023
It was a defensive battle all night as the Checotah Wildcats (4-1, 1-0 District 3A-3) survived to get a 7-6 win over the Muldrow Bulldogs. The team had a big week as they kicked off Homecoming with th...
this is a test
Obituaries
Winzley Joe Vanna Ray White
September 27, 2023
Winzley Joe Vanna Ray White was born Sept. 11, 2023 in McAlester, Oklahoma to Jamon Ray White and Wittany Nicole Kess.She peacefully passed Sept. 11, 2023 to Sept. 15, 2023away in her sleep on Sept. 1...
this is a test
Obituaries
Gerald E. “Jerry” Todd
September 27, 2023
Gerald E. “Jerry” Todd, of Eufaula, was born Feb. 21, 1934, in Chilton County, Alabama, the son of Herman and Zadie Todd. He passed at the age of 89 on Aug. 27, 2023 in Eufaula. Jerry was one of four ...
this is a test
Nancy Marie Mouser
Obituaries
Nancy Marie Mouser
September 27, 2023
Nancy Marie Mouser, 66, of Eufaula, Oklahoma, passed away Thursday, Sept. 21, 2023, at St. Francis Hospital of Tulsa. Nancy was born on Nov. 3, 1956, in Broken Arrow, Oklahoma, the daughter of Richard...
this is a test
ePaper
coogle_play
app_store
Editor Picks
news
Court Report
September 27, 2023
McIntosh County District Court ReportMisdemeanor CasesChase Alexander Brooks-McGuffin: possession of CDS; unlawful possession of drug paraphernalia Dallan Ray Davis: threaten to perform an act of viol...
this is a test
Kids under 18 got a chance to participate in the Crappie Master’s tournament
sports
Kids under 18 got a chance to participate in the Crappie Master’s tournament
September 27, 2023
this is a test
sports
Fun-Facts of Sooners verses Longhorns
September 27, 2023
Just for the sake of facts, as the Texas game is around the corner, and talk is already happening, and the narrative that OU’s last year’s loss was the largest margin of victory in the series, is stil...
this is a test
sports
OU-Texas kickoff time announced
By Rodney Haltom sports EDITOR 
September 27, 2023
The 2023 Red River Rivalry will commence at 11 a.m. on Oct. 7 at the Cotton Bowl in Dallas. ABC is broadcasting the game.The last time OUTexas wasn’t an 11 a.m. start was 2017, when it began at 2:30. ...
this is a test
sports
Sooners firepower too much for Bearcats
By Rodney Haltom sports EDITOR 
September 27, 2023
No. 16 Oklahoma defeated the Cincinnati Bearcats 20-6 Saturday in the first Big 12 Conference game for Cincinnati. OU quarterback Dillon Gabriel completed 26 of 38 passes for 322-yards and two touchdo...
this is a test
Facebook

THE EUFAULA INDIAN JOURNAL
109 S. Main
PO Box 689
Eufaula, OK 74432

(918) 689-2191

This site complies with ADA requirements

© 2023 THE EUFAULA INDIAN JOURNAL

  • Contact
  • Privacy
  • Accessibility Policy